National Council for the Child sent urgent letters to GOCs
Wednesday, June 22, 2016, 13:41 NCC: “One must take into account the particular needs of minors.” The Israel National Council for the Child sent urgent letters to the GOC of the Home Front Command, Major General Yo’el Strik and to the GOC of the Central Command, Major General Roni Numa, requesting that they investigate the possible consequences of the administrative orders served to a 15-year old Yitzhar resident. The minor has been ordered to leave his home and find an acceptable location outside of Yehuda and Shomron at which to stay while he is under house arrest at night. “The minor’s father turned to the National Council for the Child concerning the possible consequences to his son if he is forced to leave his home and his community as the administrative order demands,” wrote representatives from the National Council for the Child, who sent the letter also to the Honenu Attorneys representing the minor. “The father reports that there is a substantial difficulty in locating an acceptable host for the minor for the duration of the administrative order, in the context of family, education, and schooling. The situation is liable to cause serious consequences for the development of the youth. “We are well aware that a minor is criminally responsible from 12 years of age and that the mere status of being a minor does not constitute impunity from the law,” stressed the National Council for the Child. “Nonetheless it is certainly agreed that the goal of keeping law and order should not be realized by every means and that judgment taking into account the particular needs of minors must be used when they come into contact with the law enforcement system. “Not for nothing did the legislator of the ‘Adjudication, Punishment and Treatment of Youth Law, 1971’, set in the law an increased array of rights of a minor suspect, Throughout legal proceedings scrupulous attention is paid by professionals in the area of treatment (probation officers) as part of the procedure of accepting significant decisions relevant to a minor suspect. This is for the purpose of protecting the well-being of a minor and to advance his rehabilitation in accordance to need. “We request that you urgently appraise [how the case is being handled] and examine the possible consequences of the legal proceedings to the well-being of the minor, in the short term and the long term, and examine alternatives accordingly. “This is important first and foremost for the case of the minor mentioned in this letter, but also for the necessity of drawing conclusions concerning decisions of this type in the cases of other minors.” Honenu is aware that dozens of minors have been banned by administrative order from entering Yehuda and Shomron. However this is the first instance in which a minor has been required to leave his own home and be under house arrest elsewhere. Honenu Attorney Chai Haber, who is representing the minor, informed the GOC that a suitable location for him has not been found and therefore he has been staying at home despite the order ordering him to leave Yehuda and Shomron. Two administrative orders were served to the minor on the night of May 31, 2016 during a police raid on his home. As with all administrative orders, they were issued without presenting any evidence and without bringing the youth to trial. In administrative proceedings such as these, the court does not examine the material in the case, but rather the GOCs serve the recipient with the order/s. The claim against the minor in one of the orders is that he constitutes a danger to the security of the State [of Israel]. It is based on confidential information which indicates his involvement with “disturbances and injury to Palestinians”. A hearing was held for him, however his attorney was not presented with the confidential evidence the GOCs claim to have against him.